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2013/04/09 SIXTH MEETING REGULAR COUNCIL MEETING April 9, 2013 Council met on Tuesday, April 9, 2013 at 4:30 p.m. for an In Camera session. All members of Council were present, except Councillor Maves. NO. 18-IOANNONI -DIODATI - THEREFORE BE IT RESOLVED THAT on April 9, 2013 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)(d), labour relations. Carried Unanimously Following consideration of the items presented, the In Camera Session did not rise and report in open session. Council met for the purpose of considering Budget Matters in Council Chambers at 5:25 p.m. followed by the Regular Business matters at 7:00 p.m. Councillor Gates offered the Opening Prayer. All members of Council, except Councillor Maves were present. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the minutes be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing declared a pecuniary interest on the Capital Budget and the Municipal Heritage Committee communication as she is the proponent of a complimentary project. She also declared a conflict on an In Camera matter. Councillor Pietrangelo Chaired the Budget meeting BUDGET/ PARKING MATTERS 5:00 - 7:00 P.M. The Director of Finance made a presentation to Council and provided an overview on the 2013 Capital Budget. ORDERED on the motion of Councillor Thomson, seconded by Mayor Diodati that Council approve the Capital Budget, as presented. Carried Unanimously with Councillor Wing indicating a pecuniary interest. WEGO David Schram, Project Manager, made a presentation and provided an update on the project. - 2 - April 9, 2013 Council Minutes TS-2013-17,WEGO Operations, Maintenance and Storage Facility RequestforTender RFT04-2013 - Construction The report recommends the following: 1. That Council award the contract for the construction of the Bus Maintenance and Storage Facility to Acquicon Construction Co. Ltd in accordance with RFT4-2013. 2. That the Mayor and City Clerk be authorized to execute the agreement between the City and Acquicon Construction. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the report be deferred until the April 23`d meeting for staff to provide the additional information requested by council, Carried Unanimously Councillor Pietrangelo stepped down as Chair, 6:25 p.m. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Niagara District Airport Commission - Council consider filling the vacancy on the Commission. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that Council dispense of a vote and support the Commission's recommendation. Councillor Wing AYE Councillor Mayes ABSENT Councillor Thomson AYE Councillor Kerrio NAYE Councillor loannoni AYE Councillor Gates NAYE Councillor Morocco NAYE Mayor Diodati NAYE Motion Defeated As a result of a tie during the open ballot vote, the matter is deferred to the next meeting. 2. Municipal Heritage Committee - Correspondence regarding Council's decision regarding the Battlefield School Property. Laurel Campbell, Chair, read the correspondence. RECOMMENDATION: Receive and file. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the communication be received and filed. Carried Unanimously with Councillor Wing indicating a pecuniary interest. 3. Municipal Heritage Committee - Council consider filling the vacancy on the committee. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Thomson seconded by Councillor loannoni as a result of the open ballot process, that Kim Cody be appointed. Carried Unanimously - 3 - April 9, 2013 Council Minutes 4. Daniel Rodrique - Requesting that his documentary on veterans be posted on the City's website. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved. Carried Unanimously 5. 97.7 HTZ-FM - Requesting two hours of unused ice time for free. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the request be approved. Motion Carried with Councillor Wing opposed 6. Cystic Fibrosis Canada - Request that the month of May be proclaimed as "Cystic Fibrosis Awareness Month: in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the request be approved. Carried Unanimously Councillor Morocco exited Chambers 7. Niagara Falls Humane Society RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council sponsor a round of trivia at the upcoming fundraiser for $100.00. Motion Carried with Councillor Pietrangelo opposed Councillor Morocco returned. 8. L-2013-19, Elgin Block Lease Extension. 4673 Ontario Avenue Ltd. and the City - recommending that the City settle any possible claims relating to the Lease between Historic Niagara Development Inc. and The Corporation of the City of Niagara Falls, dated January 1, 2008, for a total payment of $6,000.00; and That the City enter an extension of the existing Lease in a form acceptable to the Chief Administrative Officer, the Director of Finance and the City Solicitor, for the premises currently occupied by the Information Systems department located at 4673 Ontario Avenue, in the City of Niagara Falls, at a gross all inclusive rent of $4,000.00, plus HST, per month. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the report be approved as recommended. Carried Unanimously - 4 - April 9, 2013 Council Minutes CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN,A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW-2013-15 - Deerfield Estates Phase 9 ( River Realty). Request to Amend Subdivision Agreement-Phase 3 Relotting.The report recommends that Council agree to amend the existing Deerfield Estates Phase 9 Subdivision Agreement to reflect proposed lot re-configurations in the 3`d stage of the Development, resulting in a reduced amount of Development Charges owed and subject to additional administration fees covering the costs of preparing the amending documents. MW-2013-16 - RFP 19-2013, Supply and Installation of a Spray Pad at Prince Charles Park. The report recommends the following: 1. That the proposal from ABC Recreation Ltd. (60 Curtis Avenue North, Paris ON N3L 3V3) for the supply and installation of a spray pad at Prince Charles Park in the amount of $169,977.50 (excluding HST) be approved. 2. That the City Clerk be authorized to execute the necessary purchase order. PBD-2013-24 - PLC-2013-004, Request for Removal of Part Lot Control Lots 71-76 (inclusive) and 81-84 (inclusive). Chippawa West Phase 2 Subdivision. Applicant: A.J. Clarke and Associates Ltd. The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 71-76 (inclusive) and 81-84 (inclusive) on Registered Plan 59M- 395, as exempt from Part Lot Control for a period of two years; and 2. That the developer be required to notify the City when the new deeds for the lots have been registered. PBD-2013-31 - Commercial Building & Facade Improvement Grant Application. CB&FIG-2013-003, Cupolo's Sports (Jessica Reynolds). 4554 Queen Street. The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 71-76 (inclusive) and 81-84 (inclusive) on Registered Plan 59M- 395, as exempt from Part Lot Control for a period of two years; and 2. That the developer be required to notify the City when the new deeds for the lots have been registered. TS-2013-16 - Monthly Parking Incentive and Bulk Permit Policy. The report recommends the following: 1. That Council approve the Bulk Permit Policy allowing companies or groups purchasing more than 25 monthly parking permits annually receive rate reduced by of 5%. 2. Under utilized Municipal Parking Lots #1 and #9 at located in the Downtown area receive a reduced monthly permit rate of$25.00 per month to encourage lot usage and provide lower cost parking options for patrons. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended. Carried Unanimously - 5 - April 9, 2013 Council Minutes PRESENTATIONS/DEPUTATIONS 7:00 P.M. Niagara Peninsula Enerqy Brian Wilkie CEO & President, Janie Palmer- Board Chair, Margaret Battista & Sue Forcier from NPEI were in attendance highlighting their recent receipt of an Electricity Distributors Association Award for Excellence in Customer Service and outlined the various Conservation Programs they have to offer. PLANNING MATTERS Public Meeting PBD-2013-28 - 26CD-11-2013-001, Plan of Condominium ( Vacant Land), Block 208, Registered Plan 59M-384, Kelsey Crescent & Angie Drive, Applicant: Pinewood Homes (Niagara) Ltd. (Mike Colaneri Jr.) Proposed 38 Unit Vacant Land Condominium The Director of Planning, Building & Development reviewed the recommendations and provided the following information. Proposal Applicant proposes to develop the 0.797 ha (1 .9 ac) property on a block within a registered plan of subdivision. The lands are zoned R4 (919) Condominium is comprised of 38 units for townhouse dwellings. 72 parking spaces provided. Public Meeting Revisions to the Planning Act effective January 2007 require a public meeting for vacant land condominium applications which is satisfied by tonight's meeting Planning Analysis Provincial Policy Proposed application is consistent with the Provincial Policy Statement and conforms to the Provincial Growth Plan. Condominium provide 7 units currently stipulated for this site Will help off-set recent density reductions in the Deerfield Phase 9 Plan of Subdivision; and The estimated sale price of$200,000 per unit is considered affordable by definition under the Provincial Policy statement. Official Plan Property is designated Residential in the City's Official Plan • Maximum building heights are the same as the abutting lands to the west and south. • The density of 48 units/ha is appropriate because it is located on a collector road within close proximity of a school and public transit; • The Condominium contributes to the minimum 3 year supply of serviced residential land. The waste storage area should be moved away from the dwelling to a more centralized location that would better serve all the units. - 6 - April 9, 2013 Council Minutes It is recommended that the waste storage areas be moved to the centre island of the parking lot. Condition 9 requires the applicant to submit a landscape plan showing plantings, fencing and the location of the waste collection area. A condition requiring a 1.8 m high wood fence has been included along the south and west lot lines. Staff recommend some type of decorative fencing along Angie Drive to help establish the boundary between the public and private realm no higher than 1.2 m . Zoning By-law Property is zoned Residential Low Density, Grouped Multiple Dwellings A Minor Variance for number of units, lot area, front yard depth, rear yard depth, parking aisle width and reduced distance between buildings has been requested. A condition is included that requires the Minor Variance to be finalized prior to registration of the Plan of Condominium. Conclusion The applicant is proposing to develop the property into a Vacant Land Condominium which would include a total of 38 townhouse dwelling units The density of the project at 48 units/ha is appropriate for this location which is on a collector road and within close proximity of a school and public transit. Selling price qualifies as affordable in Niagara Region. Condominium will contribute to the City's 3 year supply of serviced land Recommendation That Council consider input received at the Public Meeting and refer all matters to staff for review of the Draft Plan of Vacant Land Condominium. Mike Colaneri Jr., applicant, indicated that as these units will be priced below $200,000, they have been conscious to minimize additional condominium fees. They appreciated the suggestion of garbage storage in the middle of the plan but were not in favour of the decorative fence. He indicated that they have already pre-sold some units, a sign of economic viability in our community. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved and that the decorative fencing not be required. Carried Unanimously PBD-2013-30 - AM-2013-001, Official Plan and Zoning By-law Amendment Application,6295,6309,6313 and 6321 Drummond Road.Owners: Michele, Emma and Emilia Picciariello and Amy, Emilia and Pasquale Carlucci (Paradise Pools) The Director of Planning, Building & Development reviewed the recommendations and provided the following information. Background Amendments to the City's Official Plan and Zoning By-law are requested for four properties on the corner of Drummond Rd and Ash Street to permit the development of a neighbourhood commercial building containing two retail stores. Lands designated Residential in the Official Plan; - 7 - April 9, 2013 Council Minutes Limited small scale neighbourhood commercial developments are permitted; Applicant is requesting exemptions to the Official Plan location policies. Lands are zoned Transition Residential Multiple (TRM) Zoning is requested to be changed to Neighbourhood Commercial (NC) with site specific front yard depth, exterior side yard width and maximum floor area. The building provides two commercial units. Neighbourhood Open House Held on March 6, 2013 Applicant, agent and 4 residents in attendance Applicant provided some clarification to two residents. No objections were received Planning Analysis Official Plan Properties designated Residential in the Official Plan Small scale Neighbourhood Commercial facilities are permitted to a maximum floor area of 930 sq m adjacent to arterial roads and no closer than 800 m from a similar use or a Commercial area. An OP amendment is required because this property is located less than 800 m from neighbourhood commercial facilities. Requested amendment is acceptable for the following reasons: • Significant portion of site has been used for commercial purposes for many years; • rebuilding with a modest expansion, of an existing retail store • Nearby neighbourhood commercial facilities are small in size and provide other services • compatible with surrounding development —building height, massing, setbacks Will replace older structures and enhance property and neighbourhood. Zoning By-law Properties zoned Transition Residential Multiple (TRM) Transitional zone that permits a limited range of residential uses and uses existing at the time the By-law 79-200 was passed. Zoning is requested to be changed to Neighbourhood Commercial (NC) so that site can be redeveloped with small commercial building. • Reduction in minimum front yard (Ash St) depth from 15 m to 3.5 m to reflect surrounding form of development and established front yard depth on Ash St. • Reduction in minimum exterior side yard (Drummond Rd) width from 12m plus 13m from original centreline of Drummond Rd. to 0 m plus 13 m from the centreline of Drummond Rd. to be consistent with setback with existing dwelling to the north and for future road widening. • Increase in maximum floor area per use from 230 sq m to 430 sq m to accommodate the existing Paradise Pool business and reflects the current trends in retail store area - 8 - April 9, 2013 Council Minutes Deeming By-law Applicant wishes to develop the four subject lots as one parcel. The applicant has requested that the City pass a 'deeming by-law' for Lots 242, 319, 320 and 321, Plan 40. Once the lots are deemed not to be within the registered plan of subdivision they will merge to form one parcel for zoning and Building Code purposes. Conclusion The applicant has requested Official Plan and Zoning By-law amendments to permit the redevelopment of the lands for neighbourhood commercial purposes. The amendments can be supported because: • The proposed commercial development would provide a limited range of uses that would serve the surrounding community, at a scale that would be compatible with the surrounding neighbourhood and not compete with designated commercial areas; • The redevelopment of the property would improve its appearance to the benefit of the neighbourhood. • The proposed setbacks reflect the established built-form and will help the development fit in with the neighbourhood; and • The requested floor area per use is acceptable. The requested deeming by-law would permit the four lots to merge for zoning and Building Permit purposes. Recommendation That Council receive public input on the Provincially mandated policies and regulations for second dwelling units and that staff report back at a later date. Vanessa Joncas, 6321 Drummond Road, a tenant in the building expressed concern with the fact she did not receive notice, that she could be evicted and increased traffic to the area. Chris Cristelli, agent for the applicant, indicated that Ms. Joncas' concerns are Landlord and Tenant matters. The amendment would allow expansion of the existing use to allow more product for the consumer. The nature of the business is more "in and out", meaning that the customer does not stay very long. The improvements will, hopefully, increase business but he does not foresee detrimental traffic impacts. Finally, improved landscaping will take place. The Public Meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously PBD-2013-27 - AM-2012-014, Official Plan and Zoning By-law Amendment Application, Applicant: City of Niagara Falls. Policies and Regulations for Second Dwelling Units. The Director of Planning, Building & Development reviewed the recommendations and provided the following information. Background In 2011, Province passed the Strong Communities through Affordable Housing Act, which was intended to facilitate easier access to housing services, including affordable housing. Municipalities are required to amend their Official Plans and Zoning By-laws to add policies/regulations to allow second dwelling units in one family, semi-detached and townhouse dwellings as well as in accessory buildings to the preceding dwelling types. - 9 - April 9, 2013 Council Minutes Second dwelling units currently exist throughout the municipality. The most common is where a detached dwelling in an R2 zone has been converted to two dwelling units. Informally, second dwelling units have been created as in-law suites which become rental units when the parent is no longer living there. Some units have been created when relatives buy a house together and create separate living accommodations in the lower levels. Many times these second units are unnoticed or are unidentified because of no reported complaints. Public Consultation Planning staff held stakeholder meetings with Niagara Home Builders Association and the Niagara Association of Realtors on September 7 and 27`h, 2012 to receive feedback on preliminary policies and regulations. Home Builders Association • Regulations should clearly identify what the parking requirements will be; and • Advised against regulating the floor area of an accessory building for use as a second dwelling unit. Niagara Association of Realtors • Support the proposed policies and regulations Public Open Houses • Held on October 24 and 25, 2012 • No one attended first open house and four residents attended second open house. Survey posted on City's Website • 24 responses, of which 17 were supportive of second dwelling units. Provincial Policy Proposed policies and regulations are consistent with the Provincial Policy Statement and conform to the Provincial Growth Plan as follows: • Will contribute to the mix of housing types and range of housing options; • Will contribute to achieving the density target of 50 people and jobs/hectare • Will help achieve transit supportive densities; • Promote efficient development standards; • Direct second dwelling units to the urban area of the City; • Direct growth in a manner that promotes the efficient use of existing services Official Plan Proposed policies and regulations conform to the Official Plan as follows: • Supports the provision of all types of dwelling units; • Predominant uses in Residential designation where second dwelling units are directed include other forms of housing beyond one family and semi-detached and townhouse dwellings; • All residential development is to be compatible with the surrounding housing mix and density — second dwelling units would utilize existing zone regulations for setbacks and lot coverage • Encourage residential intensification. Provide a choice of housing types and opportunities for affordable housing. - 10 - April 9, 2013 Council Minutes Zoning By-law Strong Communities through Affordable Housing Act uses the term"Row House"which will be interpreted to be on-street townhouse dwellings. This will also make applying the parking standard easier. Region recommends that second dwelling units be defined in order to provide a distinction from other terms (i.e. converted dwelling) In order to qualify for a second dwelling unit a dwelling on the property would have to comply with the regulations applicable to that zone. Where a second dwelling is permitted but does not meet one or more of the zoning regulations, a Minor Variance would be required Region suggested there should be a limit to the floor area. Zoning By-law regulates the minimum yard dimensions and maximum lot coverage. Legislation allows for second dwelling units in accessory buildings (i.e. detached garage) . The proposed regulations recommend a setback of 1.2 m (4 ft) which is consistent with the interior side yard setback for a one family detached dwelling (rather than 0.45 m setback for a typical accessory building). The maximum height requirement for an accessory building that contains a second dwelling unit is proposed to be 8 m. Proposed parking regulations require one parking space for a second dwelling unit. FINANCIAL IMPLICATIONS Second dwelling units would be required to obtain a Building Permit, which would result in a change to the property tax assessment, generating additional tax revenue for the City. Conclusion This report proposes amendments to the Official Plan and Zoning By-law No. 79-200 to add policies and regulations that would allow second dwelling units in one family detached, semi-detached and townhouse dwellings as well as accessory buildings to those dwellings. The amendments can be supported for the following reasons: • The Province has mandated that second dwelling units be allowed in the above mentioned types of housing; • Second dwelling units will assist in achieving more transit supportive densities; • The Official Plan supports the provision of dwelling units of all types that cater to a wide range of households; • The proposed regulations will ensure that second dwelling units are compatible with the surrounding neighbourhood; • The proposed policies and regulations encourage residential intensification; and • The proposed amendments will facilitate the provision of affordable housing. Recommendation That Council receive public input on the Provincially mandated policies and regulations for second dwelling units and that staff report back at a later date. Councillor loannoni left Meeting for the evening, 7:45.p.m. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the matter be referred to staff to come back with a detailed report. Carried Unanimously - 11 - April 9, 2013 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to the family of Peter Kormos and to Margaret Thatcher. Mayor Diodati announced Councillor Janice Wing as the new chair of the Niagara District Airport Commission; local hockey player Jared Marino was drafted to the OHL. Mayor Diodati advised of recent events: First Annual City Wide Clean up at Scotiabank Convention Centre; Mayor's Lasagna Dinner at Our Lady of the Scapular Church; and Pasta dinner at Club Italia to benefit the GNGH Foundation. Mayor Diodati advised of some upcoming events: the Stair Climb for Children's Cancer at the Skylon Tower, the Niagara Falls Community Outreach Spring Fling Fundraiser, the Niagara Food and Wine Expo at the Scotiabank Convention Centre and the City Rain Barrel Sale. BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by-laws be given a first reading. Carried Unanimously 2013-57 A by-law to designate Lots 71-76 (inclusive) and Lots 81-84 (inclusive), Registered Plan 59M-395, not be subject to part-lot control (PLC-2013-004). 2013-58 A by-law to establish Part 10 on Reference Plan 59R-1881 as a public highway, to be known as and to form part of Paddock Trail Drive. 2013-59 A by-law to amend By-law Nos. 79-200 and 93-141, in accordance with an Order issued by the Ontario Municipal Board dated March 26, 2013, to permit a 10-storey apartment dwelling with or without neighbourhood commercial uses on a portion of the ground floor (AM-24/97). 2013-60 A by-law to authorize the execution of an Amending Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision - Phase 9. 2013-61 A by-law to amend By-law No. 2007-161, being a by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2013-62 A by-law to authorize the execution of an Extension of Lease Agreement with 4673 Ontario Avenue Ltd. respecting the extension of the Lease of a portion of the Elgin Block for the Information Systems department. 2013-63 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of April, 2013. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be given a second and third reading. Carried Unanimously * * * * * NEW BUSINESS Telephone Poles on Public Property ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that staff report back on the policy and practice related to the placing of telephone poles on public property. Carried Unanimously - 12 - April 9, 2013 Council Minutes Derelict Buildings ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that staff report back, with pictures, the issue of derelict buildings in preparation of a resolution to go to the Province and MPAC. Carried Unanimously * * * * * ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the meeting be adjourned at 8:20 p.m. Carried Unanimously I �-- 22 ft/ DEAN IORFIDA, ITY CLERK JAMES M. DIODATI, MAYOR